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CRIMINAL LAW - THEORY AND PROCESS

NCJ Number
18215
Author(s)
J GOLDSTEIN; A M DERSHOWITZ; R D SCHWARTZ
Date Published
1974
Length
1359 pages
Annotation
INTENDED FOR STUDENTS AND PRACTITIONERS OF CRIMINAL LAW, THIS TEXT IS DESIGNED TO FACILITATE A FUNCTIONAL ANALYSIS OF PROBLEMS FOR DECISION IN THE PROMULGATION, INVOCATION, AND ADMINISTRATION OF CRIMINAL LAW.
Abstract
IN FORMULATING THIS TEXTBOOK, THE AUTHORS HAVE DRAWN ON SUCH DIVERSE MATERIALS AS APPELLATE COURT DECISIONS, LEGISLATIVE COMMITTEE HEARINGS AND REPORTS, TRIAL TRANSCRIPTS, PROBATION AND PRE-SENTENCE REPORTS, PRISON CLASSIFICATION RECORDS, PAROLE REPORTS, AND MATERIALS FROM THE BEHAVIORAL SCIENCES AND OTHER DISCIPLINES CONCERNED WITH HUMAN BEHAVIOR. AN INTRODUCTORY VIEW OF THE CRIMINAL PROCESS IS FIRST PROVIDED, INCLUDING SUCH TOPICS AS LEGISLATIVE DEFINITIONS OF CRIME, SENTENCING, DEFENSE CRIMINAL SANCTIONS, THE LIMITS OF A LAW OF CRIMES, PAROLE, AND PARDON. A COURT CASE IS THEN FOLLOWED FROM THE COMPLAINT, BAIL, THE TRIAL, AND SENTENCING THROUGH AN APPEAL TO THE SUPREME COURT AND A PETITION FOR REHEARING. OTHER TOPICS INVESTIGATED IN THIS TEXT INCLUDE THE DIFFERENCES BETWEEN CIVIL AND CRIMINAL LAW, SOCIOLOGICAL VIEWS ON CRIMINAL LAW, CONSTITUTIONAL SAFEGUARDS, PRETRIAL DETENTION, PROSECUTION, PLEA BARGAINING, REQUISITES OF A FAIR TRIAL, INCARCERATION, AND ALTERNATIVES TO INCARCERATION. FINALLY, SUCH AREAS AS THE REQUISITES OF A CRIME, FACTORS WHICH MITIGATE CRIMES, AND MENTAL AND PHYSICAL CAPACITY IN RELATION TO CRIMINAL LIABILITY ARE DISCUSSED. AN INDEX, TABLE OF CASES, TABLE OF AUTHORS, AND ANALYTICAL TABLE OF CONTENTS ARE PROVIDED.